12,720 Florida cases classified under this topic, plus 457 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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M.D. Fla.·
2020-05-19
The court held that a prisoner's failure to disclose prior lawsuits on a civil rights complaint form, under penalty of perjury, constitutes an abuse of the judicial process warranting dismissal.
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S.D. Fla.·
2020-05-18
A federal court's protective order under Rule 26(c) supersedes conflicting state public records laws due to the Supremacy Clause, allowing protection of confidential financial discovery.
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M.D. Fla.·
2020-05-15
The court held that a pro se prisoner's complaint alleging a private auto repair shop's negligence in servicing a vehicle fails to state a claim under 42 U.S.C. § 1983 because it does not allege a constitutional violation or state action.
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S.D. Fla.·
2020-05-13
The court held that genuine issues of material fact exist regarding the excessive force claim, precluding summary judgment, and that officers are not entitled to qualified immunity based on the plaintiff's version of events. Summary judgment was granted for the failure to interve
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S.D. Fla.·
2020-05-11
The court held that the plaintiff's objections to the magistrate judge's orders were untimely and without merit, and that the case was properly dismissed for failure to comply with court orders regarding pleading deficiencies.
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M.D. Fla.·
2020-05-11
The court held that the plaintiff failed to meet the burden of persuasion for injunctive relief and dismissed the case without prejudice for failure to use the proper civil rights complaint form.
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M.D. Fla.·
2020-05-07
The court granted in part and denied in part defendants' motions to dismiss, dismissing several counts with prejudice or without prejudice for failure to state a claim or due to pleading deficiencies, while allowing others to proceed.
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M.D. Fla.·
2020-05-06
The court held that the plaintiff's complaint failed to state cognizable claims under 42 U.S.C. § 1983 due to insufficient factual allegations and the non-existence of private rights of action for certain statutes cited. The plaintiff was granted leave to amend.
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M.D. Fla.·
2020-05-06
The court granted summary judgment for the defendants, finding no genuine dispute of material fact regarding deliberate indifference to the plaintiff's serious medical needs.
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Del. Super. Ct.·
2020-05-05
The court held that the defendants, a volunteer fire company and its board members, were not state actors for the purposes of 42 U.S.C. § 1983 because their actions were not fairly attributable to the State of Delaware. The court also found that the fire company and its employees
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M.D. Fla.·
2020-05-05
A judge is absolutely immune from suit for actions taken within her judicial capacity, and a prisoner challenging the fact or duration of confinement must seek habeas corpus relief.
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S.D. Fla.·
2020-05-04
The court held that the plaintiff's claims were time-barred and that the defendant county took prompt remedial action against inmate harassment, and did not retaliate against the plaintiff.
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M.D. Fla.·
2020-05-01
The court held that the plaintiff inmate failed to state a claim under 42 U.S.C. § 1983 because he did not allege facts showing a deprivation of a constitutional right or deliberate indifference by the defendants.
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S.D. Fla.·
2020-04-30
The court held that the plaintiff's amended complaint was a shotgun pleading and failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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M.D. Fla.·
2020-04-30
The court held that the plaintiff's amended complaint stated plausible claims for excessive force under the Eighth Amendment and that his alleged injuries met the physical injury requirement for damages under the PLRA, denying the motion to dismiss.
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S.D. Fla.·
2020-04-30
Plaintiff Watkins sued police officers under 42 U.S.C. § 1983 for alleged Fourth and First Amendment violations stemming from his involuntary psychiatric detention under Florida's Baker Act after he sang an anti-gay reggae song in a public park. The district court denied the offi
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M.D. Fla.·
2020-04-27
Prison inmate Jean-Denis sued corrections sergeant Tate and physician Aviles under 42 U.S.C. § 1983, alleging that Tate deprived him of meals and water while on self-harm observation status at a Florida prison and that Aviles denied him proper medical treatment for resulting inju
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M.D. Fla.·
2020-04-24
The court granted in part and denied in part defendants' motions to dismiss, dismissing several counts with prejudice or without prejudice, while allowing others to proceed.
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M.D. Fla.·
2020-04-24
The court held that the plaintiff's second amended complaint sufficiently pleaded claims for excessive force and supervisory liability, meeting federal pleading standards.
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M.D. Fla.·
2020-04-22
The court held that the plaintiff's second amended complaint failed to state a plausible claim for relief under federal pleading standards.
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M.D. Fla.·
2020-04-22
The court held that the pro se prisoner's complaint failed to state a claim under 42 U.S.C. § 1983 because it did not allege that the defendants were state actors or that their conduct violated the Eighth Amendment.
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M.D. Fla.·
2020-04-21
Wilbert R. Hurst, an inmate, sued several Florida Department of Corrections officials under 42 U.S.C. § 1983, alleging violations of his due process rights, First Amendment retaliation, equal protection, deliberate indifference to medical needs, and intentional infliction of emot
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M.D. Fla.·
2020-04-21
The court held that the plaintiff failed to state a claim for deliberate indifference to serious medical needs under the Eighth Amendment.
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M.D. Fla.·
2020-04-17
Bryan Turner, a retired deputy sheriff who announced his intention to run for sheriff of Nassau County, sued Sheriff Mike Williams and the Jacksonville Sheriff's Office alleging First Amendment retaliation for his arrest on evidence tampering charges, and similarly sued Sheriff B
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M.D. Fla.·
2020-04-17
The court deferred ruling on the motion to proceed in forma pauperis pending the filing of an amended complaint that cures deficiencies.
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M.D. Fla.·
2020-04-15
Prosecutors are absolutely immune from civil rights claims arising from their prosecutorial functions, including actions related to bail.
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M.D. Fla.·
2020-04-15
The court held that the Board of Trustees is an arm of the state entitled to sovereign immunity, and the plaintiff failed to demonstrate a waiver of immunity or applicability of an exception, and that the complaint contained shotgun pleading.
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M.D. Fla.·
2020-04-15
The court held that the Jacksonville Sheriff's Office is not a suable entity and that the plaintiff failed to state a claim for an unconstitutional traffic stop, but his excessive force claim against the officers was plausible and could proceed.
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M.D. Fla.·
2020-04-14
The court held that the plaintiff failed to adequately plead race discrimination and retaliation claims against Defendant Baker because she did not allege sufficient facts to show discriminatory motive or a causal connection between protected activity and adverse action. The cour
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M.D. Fla.·
2020-04-14
The court held that the defendants' motion to revoke the plaintiff's in forma pauperis status and dismiss the case under the PLRA's 'three strikes' provision must be denied.
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M.D. Fla.·
2020-04-13
A pro se plaintiff's civil rights complaint must contain factual matter to state a plausible claim for relief under 42 U.S.C. § 1983.
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S.D. Fla.·
2020-04-10
The court held that it cannot issue a new writ of execution against an individual not properly named, served, or defaulted, even if their true identity is later discovered.
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M.D. Fla.·
2020-04-08
The court held that the plaintiff failed to state claims for freedom of religion, conditions of confinement, return of personal property, and threatening comments, but may amend his access-to-courts claim.
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M.D. Fla.·
2020-04-06
The court held that claims against Defendant Inch were dismissed due to Eleventh Amendment immunity and lack of personal participation, and claims against Defendant Perez were dismissed for failing to state a claim of deliberate indifference.
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M.D. Fla.·
2020-04-06
The court held that the plaintiff sufficiently alleged a Fourth Amendment seizure when bitten by a police dog, but dismissed the Fourteenth Amendment claim as it was either duplicative or failed to meet the conscience-shocking standard.
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M.D. Fla.·
2020-04-02
The court held that claims against deputies were dismissed as shotgun pleading, certain claims against the Sheriff were dismissed for lack of private right of action or capacity, but the Section 1983 claim against the Sheriff for a custom of excessive force could proceed.
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M.D. Fla.·
2020-04-02
The court held that a pro se inmate's civil rights complaint must be dismissed without prejudice for abuse of the judicial process and failure to state a claim, as the named defendant was not a 'person' under § 1983 and the inmate failed to disclose prior lawsuits.
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M.D. Fla.·
2020-03-31
Former inmate Orvel Lloyd brought a civil rights action under 42 U.S.C. § 1983 alleging that sheriff's deputies violated his Fourth Amendment rights during a traffic stop, search, and arrest, and that the sheriff was liable for their conduct. The federal district court granted su
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M.D. Fla.·
2020-03-31
The court held that the inmate's motion for reconsideration was denied because the prior dismissal under the "three-strikes" rule was not overly broad and did not constitute manifest error.
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M.D. Fla.·
2020-03-31
The court denied the plaintiffs' motion for a temporary restraining order and preliminary injunction because it failed to comply with federal and local rules regarding notice, verification, security, and demonstrating imminent irreparable harm.
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M.D. Fla.·
2020-03-31
A prisoner with three or more prior dismissals for frivolousness, maliciousness, or failure to state a claim, who is not under imminent danger, must pay the filing fee upfront and is barred from proceeding in forma pauperis.
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M.D. Fla.·
2020-03-26
The court held that the plaintiff failed to state a claim for deliberate indifference under 42 U.S.C. § 1983 because his allegations amounted to negligence, not a constitutional violation.
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M.D. Fla.·
2020-03-25
The court held that judicial immunity bars the plaintiff's claims for retrospective declaratory and prospective injunctive relief against the defendant judge.
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M.D. Fla.·
2020-03-25
The court held that genuine issues of material fact exist regarding Dr. Wetterer's pre-surgery conduct, precluding summary judgment and denial of qualified immunity on those claims, but granted summary judgment for post-surgery conduct.
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M.D. Fla.·
2020-03-24
An inmate sued two Florida State Prison supervisors under 42 U.S.C. § 1983, alleging they violated his Eighth and Fourteenth Amendment rights by forcing him to work in a wastewater treatment plant without adequate protective equipment, which allegedly caused him serious facial an
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M.D. Fla.·
2020-03-23
Christopher Dyal, an inmate, sued two correctional officers under 42 U.S.C. § 1983, claiming they violated his constitutional rights by exposing him to toxic paint fumes without proper safety measures, retaliating against him for filing grievances through threats and transfer, an
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Grantley, an inmate, brought a Section 1983 civil rights action alleging that medical staff at Florida State Prison were deliberately indifferent to his serious medical needs—including failure to remove sutures from his left arm and failure to provide pain medication—following a
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M.D. Fla.·
2020-03-23
The court held that prosecutorial immunity does not apply to sworn statements made in an affidavit, Eleventh Amendment immunity does not bar individual capacity claims, and a negligent supervision claim is sufficiently pled. However, Fourth Amendment claims based on private searc
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M.D. Fla.·
2020-03-23
The court held that the plaintiff failed to exhaust administrative remedies before filing his lawsuit, requiring dismissal.
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M.D. Fla.·
2020-03-19
The court held that the Second Amended Complaint constituted an impermissible shotgun pleading and was dismissed without prejudice, granting the plaintiff an opportunity to file a Third Amended Complaint.